THE CASE OF Mainwaring, Hawes, pain and others, Concerning a Depredation made by the Spanish-West-Jndia Fleet, upon the Ship ELIZABETH.  
Restitution sought in Spain, Justice denied, and thereupon, according to Law, justice Petitioned of the Honourable Houses of PARLIAMENT.  
In which is prayed, That (out of 50000. l Deposited in the PARLIAMENTS hands, in lieu of Plate and Merchandise by them formerly arrested) Satisfaction may be made.  
Printed Anno 1646.   

To the Right Honourable the Lords and Commons assembled in PARLIAMENT.  
The humble Petition of Randall Mainwaring, Nathaniel Hawes, George pain, and others.  
SHOWETH:  
THat the Ship Elizabeth, her tackle, furniture, and lading, valued at 12000 l belonging to joseph Hawes Merchant, and Company: going on a trading voyage for Virginia, was about 250. League's short thereof, surprised and taken by eleven Sail of the Spanish West India Fleet, all under the command of one General, in the year 1637. whereof 4. were galleons of the Kings, the rest Merchants ships, who shared the goods among them, barbarously abused the Mariners and Passengers, and carried the said Ship into Spain, and there detain her unto this day. That the said Haws proved his loss in Spain, and in the Admiralty of England, and had certificate thereof, to His Majesty, and the Lords of his Privy Council; was favoured with Letters to the Lord Aston, and afterwards to Sir Arthur Hopton, when they were respectively Ambassadors in Spain, who endeavoured his satisfaction with that State, but could procure no real retribution, as by the Copies of the said Certificate and Letters, may more at large appear. Since which time, joseph Hawes (formerly of good estate) by the said loss utterly undone, died in prison; and Randall Mainwaring, Nathaniel Hawes, and George pain, now Petitioners to your Honours (left engaged in several great sums of money for him) as next of kindred, have taken out Letters of Administration, and in December 1642. arrested (by Warrant out of the Admiralty) certain Plate, Monies, and Merchandise, arriving at Southampton, in the ship the St. Clare, which were laden into her out of the Spanish West India Fleet; in which were divers ships and men that were in the fleet that rob the Elizabeth, and made the aforesaid depredation, and both which fleets were set out by the same authority, and for the same use and purpose. After which arrest made by your Petitioners and some others, (by the Order of the Honourable House of Commons hereunto annexed) 50000 l was deposited in the hands of the Parliament, in stead of Bail to answer those Actions, by the claimers of the aforesaid goods, and the goods in their property were released. And in pursuance of the said Arrest your Petitioners have made so clear proof, that not only the Judge of the Admiralty, but they who took the Defence of the Suit upon them against your Petitioners, do acknowledge, That the taking of the said ship Elizabeth, was a manifest and most shameful deprdation, and that your Petitioners ought to have repair for the same, which the said Judge must needs affirm, if he be thereunto required: Notwithstanding all which, the said Judge (forasmuch as the money's aforesaid remain deposited in the hands of the Parliament, and for that the satisfaction of your Petitioners out of this money is conceived to be matter of State) doth defer to give Sentence, for that the Supreme power hath not hitherto declared, That the goods arrested are in point of State liable to make your Petitioners satisfaction.  
In tender consideration of all which, Forasmuch as your Petitioners have used in Spain all means requifite by Law, and possible against the persons of those that made the depredation, and cannot obtain justice, and have no possibility of being repaired, but by that supreme power to which they are subject: And for as much as that power, not only by the Laws of this Realm, but by the Law of Nations, may relieve oppressed subjects by Letters of reprisal, being the only and usual remedy afforded in cases of this nature.  
Your Petitioners most humbly pray, and beseech this honourable Assembly, to take their case into your serious commiseration, and to grant Letters of reprisal to your Petitioners to be repaired of their said losses and damages out of the money deposited in the Parliament, that so your oppressed Petitioners, who have been most unjustly spoiled by the Spaniard, and as unjustly denied restitution; may by the justice of this honourable Assembly, receive such recompense as the Law will give them, when the supreme power of this kingdom shall have decreed the Letters of reprisal to your Petitioners.  
And your Petitioners as in duty shall continue to pray for your Honours.   

The Order of the house of COMMONS. Die Lunae 2. Januarii. 1642.  
THe Merchants, Spaniards and owners of the Ship the Clare, having this day, in obedience to an Order of this House of 29. Decemb. last past, paid in the lumme of 20000 l which with the 30000 l formerly delivered into the Tower, is to stand liable instead of bail to all Suits, Arrests and Claims according to Law, as the goods should have been, if they had still continued in custody, made either by the Spanish Ambassador, or any other whomsoever concerning the premises; this House doth therefore order, that all those persons Sir Jnᵒ Nulls, or whomsoever else here, or at Southampton, in whose custody the Cochinela, Ginger, Hides, and other goods brought in the Ship the Clare do remain; do forthwith deliver up the said goods unto Ignatio Landahola, Diego Descarey, Benedict Stafford, and John Mayo, for the use of themselves, and the rest of the Merchants and owners, free from any present or future restraint or trouble whatsoever, they paying fraight, custom, and all other charges duly disbursed by the said Masters and owners, any ways concerning the said goods; And this House doth further order, that the Judge of the Admiralty, and others whom it may concern, take due notice of this Order, and do nothing in prejudice of the real execution thereof.  
Hen. Elsing, Cler. Parl. Dom. Com.   

Sir Henry Martin's Certificate to the Lords of his Majesty's most honourable Privy Council.  
Right Honourable,  
ACcording to your Lordship's Order signified under the Petition annexed, the Petitioners have examined witnesses in the Admiralty-Court, to prove the points deduced in the Petition, which I conceive to be these four. First, That eleven sail of Spanish Ships, part of the Plate-fleet, surprised and took the ship Elizabeth from the Petitioners in 1637. in her course upon a trading Voyage for Virginia; about 250 leagues short of Virginia, and carried her and all that was in her into Spain, and there detaineth her. Secondly, That the whole value thereof with the damage, doth amount to above 12000. l Thirdly, That the Company in the Spanish-fleete, rob and spoilt the company in the Elizabeth of all they had, and imprisoned some of the Mariners in Spain. Fourthly, and lastly, That the Petitioners used all good endeavours to recover their goods, but all in vain. All which four points, I take to be sufficiently testified with this, That the Lord Aston, than Lord Ambassador for his Majesty in Spain, was then made privy to all the premises, and interposed his utmost endeavour in the behalf of the Petitioners; whose Lordship is best able to inform our Honours upon what grounds the Spanish fleet did surprise the Petitioners, and the State there avow the proceeding and deny any restitution to the English.  
March 15. 1638. H. Martin.   

Their Lordship's Letter into Spain.  
AFter our very hearty Commendations to your Lordship, We send you enclosed a Petition presented to this Board in the name of the Merchants and passengers of the ship called the Elizabeth of London, together with two Certificates concerning the same; The one from the Lord Aston his Majesty's late Ambassador resident there; The other from Sir Henry Martin Knight, Judge of the Admiralty: Whereby you will perceive with what violence and outrage the said ship the Elizabeth, was heretofore taken from the Petitioners by eleven sail of the Spanish Plate-fleet, and what proceed have been since had for the recovery of the same; Whereof We have taken consideration, and being desirous to protect his Majesty's ies subjects from wrongs and injuries, have thought good thereby in especial manner to recommend it to your Care to employ your best means and endeavours on the Petitioners behalf, in representing the great damage and loss which they have sustained thereby, and pressing the same with all such Arguments and reasons, as you in your discretion shall think fit, according to the nature of the Case; to the end a speedy and full restitution may be made unto the Petitioners, and such satisfaction given them for the damage and charge which they have hitherto sustained, as to Justice doth appertain, and as may be expected towards his Majesties, Subjects from his Friends and Allies. Whereupon, in case such just restitution as aforesaid be either denied to the Petitioners, or that such delays be used therein as may be construed and deemed a denial, you are forthwith to represent the same to this Board in express terms, that such further course may be taken for the Petitioners reparation and relief, as to his Majesty and this Board shall be found just. And so We bid your Lordship very hearty farewell.  
From Whitehall, the last day of April. 1639. Your loving Friends Signed by the 

Lo. Arch. B. of Cant.  
Lo. Cottington.  
Lo. Keeper.  
Lo. Newburge.  
Lo. Treasurer.  
Mr. controller.  
Lo. Privy Seal.  
Mr. Sec. Windebank.     

The English Ambassadors Answer out of Spain.  
Right Honourable,  
THE Bearer hereof Benjamin Woolnoe, was Master of the ship called the Elizabeth; which in his voyage towards Virginia, was on the eleventh of October 1637, seized on by the Squadra of Nova Espania, and brought to Cades, with all her lading and passengers. For restitution of which ship, and for satisfaction for the losses and damages, it seems my Lord Aston, in the time of his service in this Court, used all fit diligences, the effect whereof was, a promise that the ship and goods deposited at Cadiz should be forthwith restored. But in the execution thereof were interposed some delays, which continued until the Master and his Company resolved on returning to their Country; and so nothing was executed at that time, nor before my Lord Aston returned for England.  
Whereupon the Master and the parties interressed in the said ship and goods petitioned his Ma.tie and the Board for some course to be taken for their satisfaction, and accordingly the Lords having consulted with my Lord Aston and with Sir Honry Martin Judge of the Admiralty, were pleased to direct unto me their Lordship's letter, bearing date the last day of April. 1639. which came to my hands on the 10/20 of August of the same year; Commanding me to use all due means for the obtaining full and speedy satisfaction for the said loss: And in case the same should be detained, or that such delays should be used therein, as might be construed or deemed a denial, then to represent the same in express terms to the Board.  
In humble obedience to which Order, I have from the said 10/20 of August spared no diligence to the effect above mentioned, having spoken to the King, and delivered him a paper containing the whole matter, as well in manifestation of the disorder, as in demand of due satisfaction according to reason and justice. And I have several times spoken to, and solicited a Resolution therein with the Conde Duque, as a Minister of general Care and Power; and with the Conde de Castrillo Precedent of the Council of the Judges, to whose charge the dispatch of this business doth particularly belong.  
And although I have received many fair hopes and promises from all sides, and from time to time; yet until the day of the date hereof, being the 20/30 of May in the year 1640. I have been able to get no Resolution, nor are the likely hoods thereof greater now than they were the first day. And the Bearer hereof, Benjamin Woolnoe, being no longer able to suffer the charge of this expensive place, hath desired me to give my Certificate, according to the present state of this business, which I have done as above said; leaving a construction upon the delay and want of Answer hitherto, to your Honours and their Lordship's better judgements, to whom your Honours may please to give an account hereof as you shall think fit, and I do humbly desire: Humbly representing herewithal, that if any other business remitted to me by their Lordships or your Honours, concerning his Majesty's Subjects, I have failed to give either you or them the Answer that may be expected, It is because I can get none; which is the ordinary course of this Court, where the doing Justice is prejudicial to the King's Revenues; though in other matters their dispatch be not to be complained of.  
I shall trouble your Honours no more, but humbly rest, Your Honours most humble servant ARTH. HOPTON. Madritt 2●/30   

Articles of the Treaty 18 Aug. 1604.  

I.  
FIRST It is concluded, and accorded, that from this day forward, there shall be a good, sincere, true, firm and perfect Amity, League & Peace to endure for ever, and inviolably to be observed and kept, as well by Land as Sea, and fresh Waters, betwixt the most renowned king of England, Scotland, France, and Ireland, etc. And the most renowned king of Spain, etc. And the most renowned Archdukes of Austrice, Dukes of Burgundy, etc. and their Heirs and Successors whomsoever, their Kingdoms, Countries, Dominions, Lands, Peoples, Liegemen, and Subjects now being, or which hereafter shall be, of whatsoever condition, state, or degree they are or may be, so as the said Vassals and Subjects from henceforth are each of them to favour other and to use one another with all kind and friendly offices.   

II.  
AND each party shall hereafter abstain from all depradations, offences and spoils, as well by Sea, as Land, and fresh waters, in whatsoever the Kingdoms, Dominions, Places, or Governments of the other: neither shall the aforesaid Prince's consent, that any of the grievances before mentioned, be done by any of their Vassals, Inhabitants. or Subjects: and they shall also cause restitution to be made of all depradations and spoils which hereafter shall be committed and of the damages growing by means thereof,   

VI  
AND whosoever shall do any thing to the contrary, he shall be punished not only criminally according to the merit of his offence, but shall also be compelled to make restitution, and satisfaction for the losses to the parties damnified, requiring the same.    

Branches of Statutes.  

An. XXVII. Ed. 3. c. 17.  
ITEM That no Merchant Stranger be impeached for another's Trespass, or another's Debt, whereof he is not Debtor, Pledge, nor Mainpernor. Provided always, that if our liege people Merchants or other, be endamaged by any Lords of strange Lands or their subjects, and the said Lords (duly required) fail of right to our said subjects, we shall have the law of Merque, and of taking them again, as hath been used in time past, without fraud or male-engine.   

An. II. Hen. 5. c. 7.  
THE King willing as well in this case, as in other, to provide the imdempnity of his liege and faithful subjects, hath declared in this present Parliament, that of all the attempts made by his enemies, upon any of his faithful liege people, against the tenor of any truce taken before this time, wherein is no express mention made, that all Marquis and Reprisals shall cease: the same our Sovereign Lord the King will grant Marque to all them that feel themselves in this case grieved in due form. And our said Sovereign Lord the King shall make reparaile to all his liege people that feel them grieved against the tenor of any truce, which betwixt him and any of his enemies shall be newly taken hereafter. And to the greater comfort of his said faithful liege peopl, to the intent that they may the more readily and without long delay have remade in this case. the same our Sovereign Lord the King will, that if he or they that feel them grieved against the tenor and form of such truce within the realm of England, out of the said marches of Scotland, or upon the Sea, or in the parts beyond the Sea, shall complain to the Keeper of the privy Seal, which for the time shall be, who after such complaint heard and perceived, thereof shall make the party complainant (if he the same require) Letters of Request under the Privy Seal in a due form, and if after such Request made, the party required do not make within a convenient time due restitution and satisfaction to the party grieved, than the chancellor of England for the time being, shall do to be made to such party grieved (if he that demand) Letters of Marque under the great Seal in a due form, etc.    

Proclamation 1. Car. for encouragement of Trade to Virginia.  
THAT the Territories of Virginia, New-England, and the Summer-Islands, etc. Are part of his Royal Empire, descended upon him and that he holds himself bound, by his Regal Office, to Protect, Maintain, and support the same (and so is resolved to do) as well as any other his Dominions, etc.   

Precedents of foreign practice toward the English.  
GIVE us leave therefore to mind your Honours of the practice of other kingdoms and states in Amity with the Crown of England, who make it matter of State to relieve their Subjects, pretending injuries done them by any of the English out of any of their goods which come within their jurisdiction, as will appear by these ensuing Precedents, of which we could have eited many more, but that we fear to offend your Patience.  
Captain Jones, Captain of one of the Parliaments ships, in the month of April 1644. seized upon a French ship belonging to one Peter Le Duke of Saint Mallows (called the Saint Julian) Peter Michelot Master, the ship was laden with Corn, Gunpowder and other goods; Captain Jones takes out the Gunpowder and some small trifles more, and sends up the ship and her lading to London as a Prize, where within four month after she was freed in the Admiralty: Immediately upon her first takeing about, 21. Apr. 1644. Peter Le Duke obtained a Decree from the Council of State to arrest the Goods or Ships of any of the English Subjects in obedience to the Parliament, by virtue whereof he obtained from the Judge of the Admiralty in Saint Mallows a Warrant to break open the Countinghouse of Daniel Searles, Factor to English Merchants, and by Letters and Books there found that in the Anne of London (of which Giles Symmes was Master) there was goods to the value of 1100. l belonging to Master William Barkley of London and Company Merchants; the said Officers unladed all her goods, as well Master Barckleys as others, and kept them in their custody until the ship was released here, and until full satisfaction was made to Le Duke for the Gunpowder and other goods taken forth of the Saint Julian, and to the Master for Saylors wages, fraight of the Ship and other charges for the time they were stayed, which cost Master Barckley and Company 350. l here, and about 400. l in France, in suits of Law and other charges there. These goods thus freed from Le Dukes Arrest, and reladen into another Ship for the Merchants of London, had been again arrested upon a second pretence, by another party, for damages pretended to be done him by the English, had not the Master (in which they were reladen) defended himself, and by force carried them away: Whereupon the second pretenders met with another Bark in which was 600. l worth of goods of the said Master Barckleys; arrested them by a Warrant from the Judge, and the greatest part of them are there to this day, and no satisfaction can be obtained.  
There are divers other precedents of seizures made both by Land and Sea frequently by the French, of the goods of Englishmen; for injuries pretended to be done to them, which is done by virtue of Warrants from the immediate Judges, and not by Letters of Reprisal, for no other cause but upon a pretence that some other Englishman had done them an injury as in the Case of Martin De Lawney, which hath been in agitation above twenty years, for Goods pretended to be taken formerly by a Pirate. William Berkley.  
The Treaty 1644. between the King of Denmark, and the Parliaments Commissioners, was upon this Cause.  
IN the beginning of August 1643. The Parliaments Ships took the Ship called the Christian Ark, belonging to the King of Denmark, laden with Arms and Ammunition, entering Tinmouth Bay, and bound for Newcastle; brought her up to London, and by Order of the House of Commons disposed of the Arms and Ammunition, returning only the Ship. Hereupon his Majesty of Denmark 23. of the same Month, seized a Ship belonging to the Merchant's Adventurers passing Gluckstadt upon the River Elne, and bound for Hamburgh; as also four other Ships belonging to the East-land Company passing the Sound, and confiscated both Ship and goods, without any Process in his Admiralty, but only by Act under his own Hand and Seal. After three several Treaties his Majesty of Denmark did at last agree in April. 1645. To restore so much on his part as exceeded the value of his Arms here confiscated, which was also done by the extraordinary way of Treaty, and not by any Process of Law.  
THO. SKINNER. Societ. Advent. Secret.  
Many Precedents might be alleged in this kind of the practice of the Spaniards towards the English, who Seize and Condemn their goods in Port, or otherwise on Shore, upon pretence of injuries done them, and that so notoriously known that the Plaintiff need give no instances thereon. And further the Judges in Spain, in the way of a Civil action, by Arrest Condemn the Ships and Goods of such as are in Company, having no relation to the persons, or Ships, whereof the persons are that did the pretended damage, as will appear by the particular Precedents of Captain Davis and Tyddyman lately acted in Spain, hereafter ensuing.  
THESE are to certify unto all those whom these Presents may concern, that in the year 1642, I Thomas Davis, Commander of the good ship called the Golden-Fleece of London, being in the Bay of Cadiz, it happened that certain Mariners belonging to the Port of Dover, took out of the said Bay a certain Vessel belonging to the kingdom of Ireland, with the lading and Mariners therein; for which said Act, apprehending and injury to themselves, as in respect the said ship was taken being under their protection, seized upon me the said Thomas Davis, committed me to prison, and have since condemned me and my said Ship, in certain thousands of pounds for satisfaction for the said Ship and Goods; although I, the said Thomas Davis, had never any Consortship or interest with the said Dover Mariners, nor to this day know any of them, or aught proved against me to that effect.  
In Testimony whereof I have hereunto put my hand this present 11 of July 1646. Thomas Davis.  
These thing thus premised, your Honours may be pleased to observe that it is evident,  
First, That the King of Spain hath Covenanted a Peace with the King of England, in the behalf of himself and subjects, whereby it is agreed that restitution shall be made of all spoils, with the damages as aforesaid.  
Secondly, That there hath been a shameful Depradation done upon the Ship Elizabeth, belonging to Joseph Hawes and Company; and that they have sought satisfaction in Spain, but without the desired effect; and the Offenders, in stead of punishment, continued in their former Commands and Employments.  
Thirdly, That Justice being denied by a Prince that hath sworn a League, &c, as aforesaid; It is accounted just, and the practice of all Nations, to satisfy the Persons suffering, out of the next goods of that Nation offending, coming within the power or jurisdiction of that Crown under whose protection the Party that is spoilt inhabiteth; And that the Equity hereof may more clearly appear, May it please your Honours to consider.  
That such is the constant usage of the Spanish Nation towards the English. Our Laws intent the same, for it is enacted Anno. 5. Hen. 4. That Merchants-Strangers shall be entreated in this Realm, as Merchant's Denizens are beyond the Seas. In Order whereunto, there was an Act of Parliament in a particular Case, relating to the Subjects of the Duke of Burgundy, Au. 4. Ed. 4. And an Act of State An. 11. Elizab. concerning the Flemings and Spaniards, whereby other Nations in league with the English, were kept to an equal observation of the Articles of Peace; And experience teacheth, That there is no better a means of making a Peace durable, then by being sensible of the first and least violation. This strict keeping of the Spaniard to a mutual maintaining of Amity, made him, even against his will (saith Cambden) bear a more  mind towards the English, and produced the renewing that Peace which from the year 1568. to 1573. was somewhat interrupted by the Spaniards shuffling with this Nation: Queen Elizabeth to her exceeding great honour (saith the said Author) satisfying to the full the damages of the English Merchants, out of the Nether-landers goods, then within her jurisdiction. And it was the speech of an Ambassador of Spain to the King of France at Bloys An. 1599 That if the public Faith did not maintain reciprocal Bonds, the Peace would be more injurious than War, being impossible to avoid the deceits of him that was a friend in show, but in effect an enemy; And by this it is, that Articles of Peace which are principally made for the defence of the Innocent, become mates to them, and advantages to the injurious; Et infirmatis voiolatisque pactis tollitur inter homines commerciorum usus. And in this Case wherein there is no other remedy, the Law of Nations ordains, that by equal wrong Princes and People that keep not Faith should be enforced to do equal right. For, is it reasonable that the Nation should have the benefit of those Articles of Peace, by which themselves will not be bound. It is therefore enacted by the Laws of this kingdom. 10. Hen. 6. That any Subject of the Crown of England, that is spoilt by a foreign people, shall have Letters of Request, under the Privy Seal, for his satisfaction, which if not had in convenient time; The King by advice of his Council shall provide remedy for the party grieved, which is further explained An. 4. H. 5. and it was accustomed to be done by the rules of natural Equity, for by tedious and chargeable suits, the burden of the oppressed is made heavier, which at the best is pitiful, and where they have relation to the Spaniard, most miserable: My Lords and Gentlemen, you are his Majesty's greatest Council now opportunely sitting; These honourable Houses have ever been the Fountains of Justice; Hence we draw the waters of our livelyhoods and liberties: You are those from whom we expect shelter against the storms of foreign winds, and the droppings of unjust judgements: You are the refuge and Sanctuary of the distressed members of this kingdom; Nor is there any thing will be a more acceptable service unto God, nor render you more honourable to men, then to relieve the oppressed. Actions of Justice and Mercy are equivalent to the Majesty and Greatness of this Assembly; with you is Power if there be any Balm in Gilead; with you is Wisdom to discern the high inconveniences that ensue upon connivance at injuries of this nature and to perceive that through our sides the Nation is wounded, when unto other former attempts to discourage the Navigation of the English to the Western-Plantations; this Depredation is added in a purposed hostile manner, aggravated by the affronting speech of the marquis Cardeneza General of the Fleet, That he would carry us into Spain to know if the King his Master would give leave to the King of England that his subjects might plant and trads in Virginia; as if we had begged a Gibeonitish Peace, and must be content with our lives and enjoy the benefit of the Articles, as they please to interpret them.  
Sure the Honour of the English Nation is not come to this, nor are those Plantations with so great charge brought to some perfection, to have so short an end as the Will of the Spaniard would measure them out. The design was higher, and had a further intent, and may hereafter have a more seasonable thought; which is left to the Wisdom of this State. It only remains that ex abundanti We show your Honours the equity of our pretensions; that though by the Laws of this kingdom, and the practices of other Nations, we ought to have reparations (out of the goods of any of that Nation that hath done us the injury) yet more especially against these Goods and Persons entitling themselves owners; And first for the Goods.  
They are our most certain hold, proved to be taken out of the Vice-admiral of the Spanish West-India Fleet [see the profess made in the Admiralty Coure, Fol. 19.29.32. & fol. 24.34.] and then we allege, That the Spanish West India Fleet that rob the Elizabeth in 1637. and this in An. 1640. were one and the same; set out by the same power and authority, and to the same end, Viz under the authority of the Contractation House, Persons deputed to manage that particular Trade, and the Fleet therson depending; the end, To appropriate the profit of that Trade to the King of Spain and some others that by Licence he encorporates to himself, taking an Average of all the Plate and Merchandise that comes thence, Viz. a third or fourth of the return for the maintenance of the Men of War that execute the Orders of that House, in the spoil of those that trade thither without Licence. That in this Fleet 1637 [foe 27.28.] that took the Elizabeth; That these Goods came to Southampton, not in a way of Merchandise and Commerce, but casually and by accident brought in, otherwise bound for Spain.  
And for the Persons pretended owners. It is by themselves confessed upon Oath, that they are all usual Traders to the West judies. In particular Hieronimo Favian Loretto; That he hath used to sail to the West-Indies and traded for these 12 years. [fol 94.] Ignatius Landahola hath used to trade by the space of 11 years, and that he hath been 7 voyages in the West Indies. [fol. 105.] Marcus de la Rombida, That he hath traded about 12 years, & been in the Indies 8 several voyages. [fol. 107.] That in this voyage 1640 they were about two years before they returned; That the Ships that go forth in one year, return not until the next, whereby of necessity it must follow; That those very persons were in the Fleet that rob the Elizabeth, being in all the voyages for the space of 11 or 12 years, and therefore most just, in all respects, that the moneys in the Parliaments hands, being the proceed of these Goods should be the satisfaction of your present Petitioners the Administrators of Joseph Hawes, in the behalf of themselves and others, the rather for that upon their first arrival the said Ship and Goods were arrested by them by an Action out of the Admiralty. We shall now with Brutus to the Senate of Rome, only show our wounds, and wait the stirring opportunity of your healings, Our wounds yet bleeding are too apparent.  
Joseph Hawes and Company by the first spoil endamaged above 12000. l The advantage that was like to have accrued to them by that voyage is proved to be about 5000. l more.  
The want of that stock for 9 years in their Trades may be easily valued, the parties having paid 8 per cent. themselves. The prejudice that Joseph Hawes had in the loss of a known fair estate; His imprisonment and death with grief followed. The consequences of this Depredation in the loss his friends sustained, who were in natural affection bound to his support, which they were the rather encouraged to do by the hope they had of his relief out of Silver and Merchandise by him arrested, belonging to the Spaniards, brought hither in an English bottom from the Summer-Islands.  
The ruin of his natural Brother Nath. Hawes, engaged for him in divers great sums of money, part of which he paid, and had Execution served upon his estate for more, to his damage above 6000. l besides loss of his Trade, which he is ready upon Oath to testify, being the proof the Law in this case requites.  
Randall Mainwaring and Geo. pain that married his two Sisters have likewise paid several great sums of money for him, and rest engaged for more.  
There hath been spent 1400. or 1500. l in pursuance of satisfaction, These damages we humbly conceive Justice will make good, besides the sufferances of the Sailors and Passengers.  
We might further move your pity, by putting you in mind of the necessities of the said Ships company; some Widows and Children, relics of those deceased, wanting bread, whom the charity of others supports.  
We are therefore bold to cast ourselves into the sympathising Arms of this Commonwealth, by your Honours represented. It was the saying of the wise Solon, That that Commonwealth was only Well governed wherein every man took the injuries done to another as done to himself and to Justice.  
The Lord direct the Judgement to be such, that it may be for the public good of the Nation, the vindicating the Honour thereof, the preventing future injuries, and manifestation of that Justice which is Gods own work, and you the faithful dispensers.  
In assured confidence whereof, we your humble Petitioners shall bless God for you, and the happy effects of Justice and protection that flow from these honourable Houses.  
Hac una reges olim sunt fine Creati  
Dicere jus populis, injustaque tollere facta.